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Moral Solutions: Prayer, Religious Freedom vs. Atheism

Moral Solutions:

Prayer, Religious Freedom vs. Atheism

Texas AG OK’s Prayer in Court Over Atheist Group’s Objections

Texas Attorney General Ken Paxton has issued an opinion stating it does not violate the Establishment Clause to open a court session with the statement “God save the State of Texas and this Honorable Court” or to open court with a prayer, or have a volunteer chaplain program to facilitate those prayers. An atheist group from Wisconsin had complained about the practice.

The issue arose when a justice of the peace in Montgomery County, Texas, Judge Wayne Mack, established a volunteer chaplain program. He invited “all religious leaders of any faith in [his county] to participate.”

Besides praying before court proceedings, other volunteer opportunities in the clergy chaplain program included the opportunity to provide comfort and counsel to individuals. The JP also serves as the coroner and is often a first responder where there is a death.

Lieutenant Governor Dan Patrick and Seana Willing, Executive Director of the State Commission on Judicial Conduct (“Commission”) requested the attorney general opinion. As noted on the Office of Attorney General (OAG) website, the Texas Constitution, and the Texas Government Code grants the attorney general the authority to issue attorney general opinions. It is a non-binding legal opinion but is “a written interpretation of existing law.”

The Commission had “strongly cautioned the Justice of the Peace against this chaplain program and his current courtroom prayer practice.” The AG was asked to issue an opinion on the “constitutionality of those and similar practices.” The AG opinion, KP-0109, stated that the analysis pinned on the Establishment Clause.

The Establishment Clause in the First Amendment to the U.S. Constitution provides that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Citing case law, the attorney general opinion states that the Fourteenth Amendment imposes those limitations “on the legislative power of the States and their political subdivisions.”

The AG noted that “Both the United States Supreme Court and the Texas Supreme Court have longstanding practices of opening their sessions with [the] invocation” “God save the United States [or the ‘State of Texas’] and this Honorable Court.” The opinion states, “The Court has explained that the recitation of this type of phrase at the opening of court sessions is like legislative prayer in that it is ‘part of our heritage and tradition, [and] part of our expressive idiom.’”

Likewise, quoting case law, “‘The opening of sessions of legislative and other deliberative public bodies with prayer is deeply embedded in the history and tradition of this country.’” The United States Supreme Court has upheld the practice of opening a town board meeting with prayer, and religious leaders of any faith are invited to deliver a prayer at the proceedings. Moreover, the public is not required to participate in the prayers. The 2014 U.S. Supreme Court opinion of Town of Greece v. Gallowayrecited in the AG opinion said, “Even those who disagree as to religious doctrine may find common ground in the desire to show respect for the divine in all aspects of their lives and being. Our tradition assumes that adult citizens, firm in their own beliefs, can tolerate and perhaps appreciate a ceremonial prayer delivered by a person of a different faith.”

The Attorney General addressed the question raised by the State Commission on Judicial Conduct whether or not it was proper for courts, unlike legislative and town bodies, to engage in the practice. The nation’s highest court found that “legislative bodies do not engage in impermissible coercion by exposing constituents to prayer they would rather not hear and in which they need not participate.” The AG quoted the Court and analyzed that the Supreme Court would “likely apply the same analysis to courtroom prayer to open proceedings.”

The volunteer chaplain program makes clergy available “upon request” to “provide counsel to persons in distress.” The opinion reasons that this is similar to the hiring of chaplains in county hospitals, prisons, and military establishments, but notes that those individuals are even paid with public funds. In Montgomery County, members of the clergy are volunteers. Although there is no case law directly on point that involves a volunteer clergy program he notes, the AG reasons that the practice would be upheld as constitutional upon challenge.

In a statement obtained by Breitbart Texas, Lieutenant Governor Dan Patrick said “In response to my request [for an attorney general opinion], General Paxton issued an opinion affirming the constitutionality of these programs.This is a sure victory for religious liberty in Texas.” He added, “This opinion goes a long way in providing the necessary clarity to Judge Mack, and judges throughout Texas, of constitutionally appropriate court room prayer and volunteer-led chaplaincy programs. As Lt. Governor, I will continue to fight for religious liberty across the state.”

All things denote there is a God; yea, even the earth, and all things that are upon the face of it, yea, and its motion, yea, and also all the planets which move in their regular form do witness that there is a Supreme Creator. ~Alma 30:44

God that made the world and all things therein, seeing that he is lord of heaven and earth, dwelleth not in temples made with hands; For in him we live, and move, and have our being; … for we are also his offspring. ~Saint Paul, Acts 17: 24,28

There is a God, and he hath created all things. ~2 Nephi 2:14

Darwin was aware of gaps in his theory. . . Even Darwin recognized his life’s work as a theory and left the door ajar. ~Keith Merrill

Evolution has a lot of holes filled with Silly Putty, but the one gaping wound they cannot hide is the Moral Law. ~Keith Merrill

Charles Darwin loved his wife and children. He paid his taxes and never kicked his dog. But Charles Darwin had a big idea, and ideas have consequences. ~movie: ”What Hath Darwin Wrought?”